What is the Difference Between Patent and Utility Model?

Patents in the USA

What is the Difference Between Patent and Utility Model?

Patents in the USA

The invention standard under patent system requires novelty, non-obvious and capable of industrial application. Whereas the invention standard under utility model is lowed to an 'innovative step'. For example an innovation patent can use products or inventions that have already been invented in a new and innovative way to solve a particular problem.

The following points differentiate between Patent and Utility Model

Patents

· The invention which has novel, inventive step and industrial application can be protected.

· All new invention or substantial improvement invention can be protected.

· The term of protection is 20 years from the date of filing.

· The cost to obtain and maintain the patent is very expensive.

· It requires substantive examination of patent application to validate patentability.

· Longer time [2 to 5 years] is required to obtain a patent.

· Patent protection is available in almost all major countries.

· Patent protection is actively used.

· Conversion of patent in to utility model is always possible

Utility Model

· The invention which has mainly novelty, but less or absent in inventive step can be protected.

· All marginal improvement invention can be protected.

· The term of protection is between 7 and 10 years from the date of filing.

· The cost to obtain and maintain it is cheaper.

· It does not require substantive examination procedure, as it does not require inventive step.

· To obtain it, requires only less time in the range of 6 months to 1 year.

· Protection is available only in some countries based on the technology.

· Protection is less actively used.

· Converting it in to a patent is possible under certain circumstances.

About the Author:

Senthil is a registered Indian Patent Agent with Indian Patent Office and a Patent Consultant in a niche IP Consulting firm, Intepat IP Services. Senthil is also an Inventor in the area of product design, controls and instrumentation.

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